Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods

Prohibition of Registration and Homonymous GIs

Updated 11 October 2026 · Fact-checked

Section 9 of the GI Act, 1999 lists seven grounds, (a) to (g), on which a geographical indication cannot be registered, such as deception, illegality, obscenity or generic status. Section 10 allows a homonymous GI to be registered, subject to section 7, if the Registrar is satisfied that consumers will not be confused or misled.

Understand Prohibition of Registration and Homonymous GIs

A geographical indication (GI) tells buyers that goods come from a place and that their quality or reputation is linked to that place. Because a GI is a public signal, the law does not register every name put forward. Section 9 sets out the grounds on which registration is barred.

The section 9 grounds can be grouped for easy recall:

Misleading or unlawful: use likely to deceive or cause confusion (a); use contrary to any law in force (b); matter that would otherwise be disentitled to protection in a court (e).
Offensive: scandalous or obscene matter (c); matter likely to hurt the religious susceptibilities of any class or section of the citizens of India (d).
Generic or lost protection: names determined to be generic, and therefore not protected, or no longer protected, in the country of origin, or fallen into disuse there (f).
Literally true but false: a GI that is literally true for the place where the goods originate but falsely makes people think the goods come from another territory, region or locality (g).

The word generic needs care. Explanation 1 says a generic name is the name of goods that relates to the place where they were originally produced but has lost its original meaning. It has become the common name of the goods and signals their kind, nature, type or other characteristic. Explanation 2 says that to decide whether a name is generic, all factors are taken into account, including the situation in the region or place where the name originates and the area of consumption of the goods.

A homonymous GI is one that is spelt or sounds the same as another GI, but for goods from a different place. Section 10 does not ban such a GI. It allows registration, subject to section 7, if the Registrar is satisfied about two things after considering the practical conditions under which the homonymous indication will be differentiated from the others, and the need for equitable treatment of the producers concerned. The Registrar must be satisfied that consumers will not be confused or misled.

So section 9 is a list of bars, while section 10 is a conditional permission. In an answer, say which of the two applies and why.

Key rules to remember

Section 9: prohibited GIs: Not registrable if: (a) likely to deceive or cause confusion; (b) contrary to law; (c) scandalous or obscene; (d) hurts religious susceptibilities of any class or section of citizens of India; (e) otherwise disentitled to protection in a court; (f) generic or not/no longer protected or fallen into disuse in country of origin; (g) literally true but falsely represents another origin; Seven grounds, (a) to (g). The section ends with: shall not be registered as a geographical indication.
Generic name (Explanation 1 to section 9): Generic = name relating to the place of original production that has lost its original meaning and become the common name, indicating kind, nature, type or other characteristic of the goods; Explanation 2: take account of all factors, including the situation in the place of origin and the area of consumption.
Section 10: homonymous GI: Registrable, subject to section 7, if the Registrar is satisfied that consumers will not be confused or misled; The Registrar considers (i) the practical conditions for differentiating the homonymous indications and (ii) equitable treatment of the producers concerned.

How to solve Prohibition of Registration and Homonymous GIs questions

Use this method for any question on refusal of GI registration or on homonymous GIs.

1Identify the issue: is a GI being refused on a prohibited ground (section 9), or is it a name already used for another place (section 10)?
2State the rule in plain words, naming the section and the clause, such as section 9(f) or section 10.
3For section 9, match the facts to one clause. Ask: does it mislead, break a law, offend, lack protection at origin, or falsely suggest another place?
4For a generic-name issue, apply Explanation 1 (lost original meaning, common name) and Explanation 2 (all factors, place of origin and area of consumption).
5For section 10, check the two things the Registrar weighs: practical differentiation and equitable treatment of producers. Then check whether consumers will be confused or misled.
6Mention that section 10 is subject to section 7.
7Close with a clear conclusion: not registrable under section 9(...), or registrable under section 10 if the Registrar is satisfied.

Quickest way: Clause-matching shortcut

When to use it: Use this for short-note or fact-based questions when time is tight.

Underline the key word in the facts: misleading, illegal, obscene, religious, generic, false origin, or same name.
Link it to the clause: confusion (a), law (b), obscene (c), religious (d), court (e), generic (f), false origin (g).
If two places share one name, go straight to section 10.
Write the rule, one line of analysis and a conclusion naming the section.

Common mistakes in Prohibition of Registration and Homonymous GIs

Saying a homonymous GI can never be registered
Students assume that the same name for two places always means confusion.
Fix: Section 10 allows registration if the Registrar is satisfied that consumers will not be confused or misled, subject to section 7.
Dropping the factors the Registrar must consider under section 10
Students remember only the confusion test.
Fix: Also state the practical conditions for differentiating the indications and the need for equitable treatment of producers.
Mixing up clauses (f) and (g) of section 9
Both deal with names linked to place.
Fix: Clause (f) is about generic names or lack of protection or disuse in the country of origin. Clause (g) is about a literally true GI that falsely suggests another place.
Treating any popular name as generic
Students ignore the definition.
Fix: A name is generic only if it has lost its original meaning and become the common name of the goods. Apply both Explanations.
Listing fewer than seven grounds or paraphrasing so loosely that clauses merge
Memorising from a rough list.
Fix: Learn the grouping: misleading or unlawful, offensive, generic, and false origin. Then recall (a) to (g) in order.
Leaving out the conclusion
Students stop after the analysis.
Fix: End with a clear statement: registration is barred under section 9(...), or may be allowed under section 10.

Worked examples

Example 1

An applicant seeks to register a GI for a product. Its name once pointed to the town where the product was first made, but over time it has become the common name for that kind of product everywhere. Can it be registered as a GI?

Show the solution

Provision: section 9(f) bars registration of a GI determined to be a generic name or indication of goods, and therefore not protected, or no longer protected, in the country of origin, or fallen into disuse there.
Meaning of generic: under Explanation 1, it is a name that relates to the place of original production but has lost its original meaning and become the common name, designating the kind, nature, type or other characteristic of the goods.
Analysis: here the name started with a town but is now the common name for the kind of product. Under Explanation 2, all factors are considered, including the situation at the place of origin and the area of consumption.
Check that the facts show the generic character is established on these factors.

Answer: If the name is determined to be generic on these factors, it falls under section 9(f) and cannot be registered as a GI.

Example 2

Two different places in India have the same name, and producers from each wish to register that name as a GI for their own goods. Is registration possible?

Show the solution

Identify: the same name used for goods from different places is a homonymous GI, covered by section 10.
Rule: a homonymous GI may be registered, subject to section 7, if the Registrar is satisfied that consumers will not be confused or misled.
Factors: the Registrar considers the practical conditions under which the homonymous indications will be differentiated and the need for equitable treatment of the producers concerned.
Application: if the two indications can be clearly differentiated in practice, and both sets of producers are treated fairly, the Registrar may be satisfied that consumers will not be misled.
Contrast: if the Registrar is not so satisfied, section 10 does not permit registration.

Answer: Registration is possible under section 10, subject to section 7, only if the Registrar is satisfied, after considering the factors above, that consumers will not be confused or misled.

Exam tips

Write the section and clause number with each ground, for example section 9(d). It shows precision.
For a list question, give all seven grounds of section 9 in order and add Explanations 1 and 2 on generic names.
For a section 10 answer, always include both factors and the consumer-confusion test, and mention that it is subject to section 7.
Use the ICSI answer pattern: provision, facts, analysis, conclusion.
Practise short notes on 'homonymous GI' and 'generic names', as they are compact and easy to score.

Practice questions from Law relating to Geographical Indications of Goods

Prohibition of Registration and Homonymous GIs: frequently asked questions

How many grounds does section 9 of the GI Act list?

Section 9 lists seven grounds, clauses (a) to (g). They cover deception, illegality, obscene matter, religious sensitivity, lack of court protection, generic or unprotected names, and literally true but falsely suggestive indications.

What is a homonymous geographical indication?

It is a GI that is the same as, or sounds like, another GI, but for goods from a different place. Section 10 allows registration of such a GI if the Registrar is satisfied that consumers will not be confused or misled.

What does the Registrar consider under section 10?

The Registrar considers the practical conditions under which the homonymous indication will be differentiated from other homonymous indications. The Registrar also considers the need for equitable treatment of the producers concerned. The decision is subject to section 7.

When is a GI name treated as generic?

A name is generic when it relates to the place where the goods were first produced but has lost that meaning and become the common name of the goods. All factors are weighed, including the situation at the place of origin and the area of consumption.